Bill reforms broken Title IX system
Stephanie Bell
Jefferson City
Dear Editor:
The Title IX system in Missouri is broken. The current process is shattering the lives of the students it’s suppose to protect. We must do our best to guarantee our campuses are safe. We must protect victims. We must protect the due process rights of students.
Reforms to Missouri law concerning Title IX being considered by the legislature aim to fix the broken system. House Bill 573 is modeled after the rules proposed to the Department of Education last year and incorporates best practices in other states like Tennessee.
Under current Title IX guidelines, a student files an appeal with the university — the same university that conducted the original investigation. The legislation allows a victim to file an appeal before the Administrative Hearing Commission — an unbiased, independent body charged with reviewing other agency decisions. Through affording students the right to appeal to an independent body, HB573 empowers victims and holds the institutions in place to protect them accountable.
The legislation also provides the accused the right to the same appeal process and basic procedural due process rights — an unbiased tribunal, the right to present evidence and know the opposing evidence, and the opportunity to be represented by counsel. These basic rights aim to ensure a fair and just outcome.
Across the country, universities are facing lawsuits for failing to protect the rights of students involved in Title IX investigations. The current Title IX process creates significant legal and financial exposure to the state of Missouri — putting every higher education institution at risk.
Previous Title IX guidelines have led to increased litigation. The reforms proposed should help avoid unnecessary litigation. Both the victim and the accused will have the ability to file an appeal with an unbiased tribunal.
Under the current system, we are failing to protect and empower victims. Students are being stripped of the most basic due process rights. The Title IX reforms proposed in HB 573 are a step in the right direction for restoring safety, privacy, justice and due process protections on college campuses in Missouri.